Section 62C-17.010 - Reclamation Cost(1) The Department acknowledges that a number of Landowners have received approval of their reclamation program applications prior to July 1, 1984 and therefore are not subject to the funding limits of Chapter 378, F.S., as amended July 1, 1984. All actions on reclamation program applications approved by the Department prior to July 1, 1984 shall be governed by the appropriate statutes, rules and regulations in effect at the time of their approval.(2) In establishing maximum reimbursable reclamation costs, the Department recognizes the existence of multiple landforms within certain parcels. Funding of such programs shall be on a prorata basis for each landform present in the parcel based on the acreage of each landform present. The Landowner shall submit an aerial photograph of the program site clearly indicating the boundaries and acreages of those lands. The outside toe of the dam shall be considered the outside boundary of a clay settling area.(3) For the 1984-85 year the maximum reimbursable cost per reclaimed acre, based on prereclamation landforms identified in the Report or as determined as part of the Department's re-evaluation of the parcel shall be $4,000.00 for mined-out areas and $2,500.00 for clay settling areas and other landforms. Commencing with the funding for the 1985-86 year, the maximum reimbursable cost per reclaimed acre for the respective landforms shall be the previous year's maximum reimbursable cost per reclaimed acre adjusted for the percentage change in the Construction Cost Index as published by the Engineering News Record. The percentage change for the 1985-86 year shall be for the interval from July 1, 1984 to December 31, 1984. For the 1986-87 year and thereafter, the percentage change shall be for the twelve (12) month interval from the last month used to establish the prior year's percentage change.(4)(a) The reimbursement of reclamation costs for a program shall only include actual acres worked. It is recognized that there are instances in which a portion of a program site may not require modification to meet minimum standards. In such cases, the unaffected acreage shall be deleted from the program site acreage when calculating the maximum reimbursable cost of the reclamation program.(b) In those instances where the Landowner's estimate of cost exceeds the maximum reimbursable reclamation cost established in this rule, the reclamation program application may be considered by the Committee for recommendation of approval, modification or denial, within the funding limitations of this rule.(c) In establishing recommended estimated cost of reclamation required by subsection 62C-17.009(14), F.A.C., the Department will recommend the lower of the estimated reclamation cost or the maximum reimbursable reclamation cost.(5) Those reasonable and properly documented planning, engineering and surveying costs necessary for the preparation of the reclamation program application are reimbursable for those programs under a reclamation contract.(6) The Department recognizes that time is an important factor in the reclamation of clay settling areas and that the dewatering and crusting phase is the most time consuming phase of the reclamation. In those instances where the landowner desires to initiate the dewatering phase of an eligible, nonmandatory, clay settling parcel or program prior to the submission or approval of an application for reclamation funding, the costs incurred for this activity are reimbursable to the landowner only after approval of a reclamation contract and compliance with the following conditions:(a) The applicant must file a detailed plan for dewatering and crusting of the clay settling area including the methodology to be used, the estimated timetable to accomplish dewatering and dam abandonment, including breaching, and the estimated cost of the entire phase up to but not including any earthmoving. Form DEP 53-013(16) "Application for Approval of Early Dewatering of Clays" is incorporated by reference into this rule with the effective date of the rule. Copies of the form may be obtained from the Department.(b) The applicant must secure approval, in writing, from the Department for the plan submitted in paragraph (a). No costs will be eligible for reimbursement which have been incurred prior to the Department's written approval.(c) The approval of the dewatering phase prior to the approval of a reclamation program application does not guarantee funding, a recommendation for funding, or any enhancement during the prioritization of applications.(d) Costs which have been approved under an approved dewatering plan may be reimbursed only after approval of the reclamation program application by the Department and issuance of a reclamation contract. These costs shall be considered as part of subsection (5), above, for reimbursement purposes.Fla. Admin. Code Ann. R. 62C-17.010
Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.034, 378.035, 378.038 FS.
New 3-24-84, Amended 1-10-85, 12-3-85, Formerly 16C-17.10, Amended 12-25-86, Formerly 16C-17.010.New 3-24-84, Amended 1-10-85, 12-3-85, Formerly 16C-17.10, Amended 12-25-86, Formerly 16C-17.010.